New York state judge dismisses only criminal charge facing former Gov. Andrew Cuomo after sexual misconduct charges

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Albany City Court Judge Holly Trexler presided over the hearing, which lasted less than 10 minutes. She heard from Assistant District Attorney Jennifer McCartney, who said she would not oppose Cuomo’s attorney’s motion to dismiss the complaint.

“This Court is acutely aware that the District Attorney’s Office has unrestricted discretion in deciding whether to prosecute a particular suspect or case, and that higher courts have long held that the Court must not and should not interfere with the prosecutor’s discretion. . District Attorney,” Trexler said.

The woman behind the allegations, Brittany Comiso, is one of 11 plaintiffs who spoke with investigators hired by New York Attorney General Letitia James’ office to investigate allegations of sexual misconduct by the former governor. CNN has reached out to Commisso’s lawyers for comment.

In a news conference shortly after the hearing, Cuomo attorney Rita Gravin said: “Today, reason and the rule of law prevail. Not politics, speech or mob mentality.”

Albany County Sheriff Craig Apple’s office filed a misdemeanor charge in October, alleging the former governor groped and groped under the shirt of a woman who served as his administrative assistant in late 2020. But in November, Albany District Attorney David Soares hinted at problems in the case, saying the complaint filed was “potentially flawed.” He said the complaint misrepresented the relevant law and did not include sworn statements from the alleged victims or testimony that the plaintiffs could be deemed likely to be innocent of. Cuomo has consistently denied the allegations against him.

On Tuesday, Suarez filed a letter saying his office would not proceed with the charges, saying that while the committee was deemed “credible,” it was “impossible to prove beyond a reasonable doubt” in criminal court.

District Attorneys in Westchester and Nassau counties both recently concluded investigations into the allegations against Cuomo without bringing charges against the former governor, with both offices calling the charges against him “credible,” but Cannot be charged under New York law.

While Cuomo will no longer face forcible touch charges in Albany, that’s not the end of his legal battle.

The Cuomo administration has been the subject of a federal probe into the handling of Covid-19 death data at nursing homes. Cuomo is also the subject of an investigation by federal prosecutors into allegations of sexual harassment.



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